Georgia Driving Under the Influence (DUI) FAQ
Common Questions Regarding DUI Charges
Additional Q&A's about Drunk Driving in Georgia
Can I get a DUI if I am on a prescription medication?
Yes, because under Georgia statutes, it is prohibited to be under the influence
of any drug if it makes you less safe to operate a motor vehicle. This
is a very subjective standard which an officer can use his own personal
judgment in order to charge you. If an officer observes you and believes
that you are impaired, he will have to testify in court as to his observations.
His opinion and observations can be challenged and possibly suppressed
at trial or before trial in a motion to suppress evidence. If you are
on any prescription medication, never carry them without your prescription
bottle with the label bearing your name. If you are charged with a DUI
for being under the influence of prescription medications which you lawfully
have, there is a good chance that the charge can be successfully challenged
If I am charged with DUI, how can a lawyer help me?
Many people believe there is no way out of a DUI once you have been charged.
The fact of the matter is, there are so many mistakes which can be made
and are often made by police officers in stopping vehicles, administering
field sobriety tests, administering Breathalyzer tests, failing to read
a suspect their Miranda warning, and making improper or illegal searches.
Observations made by police officers in their reports can be discredited
upon cross examination of the officer during a trial. Faulty chain of
evidence if blood tests were taken or improper handling of the evidence
before trial can result in evidence being suppressed. A qualified DUI
attorney can capitalize of mistakes made by the police and have your case
dismissed for lack of evidence.
Do I have to take the field sobriety test or the breath test?
No, you can legally refuse to submit to any test when pulled over on suspicion
of driving under the influence. However, you will lose your license automatically
for 1 year if you do refuse to take the test. Sometimes, it may be the
best option for you in the long run to refuse the test. If you can survive
without a driver's license because you live close to work, have access
to public transportation or have family that can fill the need for your
transportation, you may be better off refusing the test. The prosecution
will have less evidence to show that you were impaired, and it could very
well be the difference between being found guilty or not guilty of a DUI.
For more information about DUI law in the state of Georgia, please contact
the Savannah DUI attorneys at The Schneider Law Firm.